| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88035135 |
| LAW OFFICE ASSIGNED | LAW OFFICE 124 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88035135/mark.png |
| LITERAL ELEMENT | VITA |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
Response to Office Action Applicant responds the Office Action issued for Serial Number 88/035,135 on October 31, 2018, for the mark VITA. Translation of the Mark The Examining Attorney states that Applicant must submit an English translation of the mark pursuant to 37 C.F.R. §§2.32(a)(9), 2.61(b); TMEP §809. In response, Applicant submits that the word VITA is an English word and, therefore, no translation is required. “Vita” is a noun meaning “a brief biographical sketch,” as evidenced in Exhibit A, attached hereto. Additional Fee The Examining Attorney states that Applicant must submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements, which requires a translation of all non-English wording in the mark. Because VITA is an English word, found in English dictionaries, Applicant submits that a translation is not required. Therefore, the TEAS Plus filing requirements have been met and no additional fee is required. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_209236102200-20181114161230986766_._VITA_-_Exhibit_A.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\351\88035135\xml7\ROA0002.JPG |
| \\TICRS\EXPORT17\IMAGEOUT17\880\351\88035135\xml7\ROA0003.JPG | |
| DESCRIPTION OF EVIDENCE FILE | web page printouts of dictionary definitions for "VITA" |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Jodi A. DeSchane/ |
| SIGNATORY'S NAME | Jodi A. DeSchane |
| SIGNATORY'S POSITION | Attorney of Record, Minnesota bar member |
| SIGNATORY'S PHONE NUMBER | 612-766-7901 |
| DATE SIGNED | 11/14/2018 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Nov 15 12:34:15 EST 2018 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XXX -20181115123415291320-880 35135-610eca2ddb027f2391d b54dc1365881f4672d29457a4 a7ab96a3b1828ac21a198f-N/ A-N/A-2018111416123098676 6 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
Applicant responds the Office Action issued for Serial Number 88/035,135 on October 31, 2018, for the mark VITA.
Translation of the Mark
The Examining Attorney states that Applicant must submit an English translation of the mark pursuant to 37 C.F.R. §§2.32(a)(9), 2.61(b); TMEP §809. In response, Applicant submits that the word VITA is an English word and, therefore, no translation is required. “Vita” is a noun meaning “a brief biographical sketch,” as evidenced in Exhibit A, attached hereto.
Additional Fee
The Examining Attorney states that Applicant must submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements, which requires a translation of all non-English wording in the mark. Because VITA is an English word, found in English dictionaries, Applicant submits that a translation is not required. Therefore, the TEAS Plus filing requirements have been met and no additional fee is required.
